Tuvalu Island Courts Bench Book - Federal Court of Australia

Negligence Checklist
Duty of care
Should the defendant have foreseen that his or her behaviour could cause damage or harm to someone?
Would a reasonable person have foreseen it in the circumstances?
Breach of duty of care
If you have answered yes then a duty of care existed towards that person.
Would a reasonable person recognise that their actions (or failure to act) may cause some damage or harm and
therefore take care to avoid doing (or not doing) it?
Did the defendant fail to take the precautions that a reasonable person would in the circumstances?
If you have answered yes to both questions, then there has been a breach of the duty of care.
Damage or harm as a direct cause
Did the defendant’s breach of a duty of care actually cause damage or harm to the plaintiff?
Would that damage or harm not have occurred but for the defendant’s breach of a duty of care?
If you answered yes to both of these questions, then there was a close enough connection between the
defendant’s actions and the damage.
Remedy
If negligence has been proved, next decide what the remedy will be. This will usually be damages. Remember your
jurisdiction allows you to award up to $60 only.
Tuvalu Island Courts Bench Book June 2004